In re Acquiring Title by the City of New York

Appellate Division of the Supreme Court of New York

In re Acquiring Title by the City of New York

136 A.D. 887, 120 N.Y.S. 170

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1909·Published·Cited by 1 cases

Opinion

Per Curiam :

We are of opinion that the original transfer of the title to this property by the committee was valid. No application to the court was required for the reason that the land was not originally a part of the estate of the incompetent, and when the committee purchased it at the sale under the foreclosure of a mortgage which formed part of his personal estate the land still retained the character of personalty, and the committee held the title thereto only as trustee, Hirschberg, P. J., Woodward, Burr, Rich and Miller, JJ., concurred. Report confirmed, with costs, and referee’s fees fixed at $200.

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Per Curiam :

We are of opinion that the original transfer of the title to this property by the committee was valid. No application to the court was required for the reason that the land was not originally a part of the estate of the incompetent, and when the committee purchased it at the sale under the foreclosure of a mortgage which formed part of his personal estate the land still retained the character of personalty, and the committee held the title thereto only as trustee, Hirschberg, P. J., Woodward, Burr, Rich and Miller, JJ., concurred. Report confirmed, with costs, and referee’s fees fixed at $200.

In re Acquiring Title by the City of New York, 136 A.D. 887, 120 N.Y.S. 170 (N.Y. Ct. App. 1909).

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Opinion

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